191BWC19B0002_Vado_West.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

191BWC19B0002 X SEALED BID (IFB)

NEGOTIATED (RFP)

2. TYPE OF SOLICITATION 3. DATE ISSUED

08/15/2019

RATING

IMPORTANT -The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

93094202015

6. PROJECT NO.

CODE IBWC_

International Boundary and Water Commission (IBWC)

USIBWC - ACQUISITIONS DIV

4191 NORTH MESA ST

EL PASO, TX 79902-1441

7. ISSUED BY

International Boundary and Water Commission (IBWC)

USIBWC - ACQUISITIONS DIV

4191 NORTH MESA ST

EL PASO, TX 79902-1441

8. ADDRESS OFFER TO

9. FOR INFORMATION EMAIL: a. NAME

Philip Johnson

b. TELEPHONE NO. (Include area code)(NO COLLECT CALLS) c. EMAIL philip.johnson@ibwc.gov

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" means "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

The Contractor shall furnish all labor, material, and equipment necessary to complete the construction of Vado West Floodplain Repair, Dona Ana County, NM.

This is a FIRM FIXED PRICE CONTRACT.

In accordance with FAR Provision 52.236-27 Alt 1, Site Visit (Construction) (Feb 1995) - Alternate 1 - (Feb 1995), a site visit shall be held on Wednesday, Aug 28, 2019 at American Dam 2616 W. Paisano Drive, El Paso, TX 79902 at 9:00 AM MDT. (We will caravan to the site from there)

The estimated magnitude of this project is between $1,000,000 and $5,000,000.

The applicable NAICS CODE is 237990 -- Other Heavy and Civil Engineering Construction

Offerors shall submit their bid package in accordance with the information contained in the Invitation for Bid. Reference Subsection L.02 for Bid Submission.

One of the copies shall be in digital format, (CD).

11. The Contractor shall begin performance within ___10___ calendar days and complete it within ___420___ calendar days after receiving award, X notice to proceed. This performance period is X mandatory negotiable. ( (See _Section F_.)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES," indicate within how many calendar days after award in Item 12b).

X YES NO

12b. CALENDAR DAYS local time __09/16/2019 __ (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

a.

b. An offer guarantee X is, is not required.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.c.

d.

Offers providing less than __120__ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

13. ADDITIONAL SOLICITATION REQUIREMENTS:

Sealed offers in original and __2__ copies to perform the work required are due at the place specified in item 8 by __14:00:00__ (hour)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA - FAR (48 CFR) 53.236-1(e)

191BWC19B0002

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

CONTACT: DUNS:

CODE FACILITY CODE

The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

17.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified) 27

ITEM

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY IBWC_

International Boundary and Water Commission (IBWC)

USIBWC - ACQUISITIONS DIV

4191 NORTH MESA ST

EL PASO, TX 79902-1441

International Boundary and Water Commission (IBWC)

USIBWC - FINANCIAL SERVICES DIV

4191 NORTH MESA ST

EL PASO, TX 79902-1441

27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return __________ copies to issuing office) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No futher contractual document is necessary.

30a.NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

Philip Johnson 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 4-85) BACK

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs C Descriptions/Specifications/Statement of Work

C.01 Specifications and Plans D Packaging and Marking

D.01 Payment of Postage and Fees D.02 Marking

E Inspection and Acceptance 52.246-12 Inspection of Construction (Aug 1996)

F Deliveries or Performance 52.242-14 Suspension of Work (Apr 1984) 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984)

G Contract Administration Data G.01 Contracting Officer G.02 Designation of Contracting Officer G.03 Contracting Officer's Representative USIBWC G.04 Invoices

H Special Contract Requirements H.01 Performance and Payment Bonds (DEC 2015) H.02 Compensation and Liability Insurance (DEC 2015) H.03 Builders Risk Insurance (DEC 2015) H.04 Brand Name or Equal (DEC 2015) H.05 Technical Data Submittal Requirements (DEC 2015) H.06 Accident Prevention and Pre-Planning (DEC 2015) H.07 Construction Program (DEC 2015) H.08 Construction Safety Requirements (DEC 2015) H.09 Cultural Resources (DEC 2015) H.10 Contract Work Schedule (DEC 2015) H.11 Utility and Telephone Services (DEC 2015) H.12 Administration of Default (Fixed-Price Construction) (DEC 2015) H.13 Time Extensions for Unusually Severe Weather (DEC 2015) H.14 Change Orders and Contract Modifications: Limitations on Markups (DEC 2015) H.15 Damage from the Elements (DEC 2015) H.16 Contract Close Out Procedures (DEC 2015) H.17 Extended Warranties (DEC 2015)

I Contract Clauses 52.202-1 Definitions (Nov 2013) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant Against Contingent Fees (May 2014) 52.203-6 Restrictions On Subcontractor Sales To The Government (Sept 2006) 52.203-7 Anti-Kickback Procedures (May 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014) 52.203-12 Limitation On Payments To Influence Certain Federal Transactions (Oct 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-14 Service Contract Reporting Requirements (Oct 2016) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.214-26 Audit and Records - Sealed Bidding (Oct 2010) 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data - Modifications - Sealed Bidding (Aug 2011) 52.214-28 Subcontractor Certified Cost or Pricing Data - Modifications - Sealed Bidding (Oct 2010) 23 52.214-29 Order of Precedence - Sealed Bidding (Jan 1986) 52.219-6 Notice of Total Small Business Set-Aside (Nov 2011) 52.219-8 Utilization of Small Business Concerns (Oct 2018) 52.219-9 Small Business Subcontracting Plan (Aug 2018) 52.219-9 Alt I Small Business Subcontracting Plan (Aug 2018) - Alternate I (Nov 2016) 52.219-16 Liquidated Damages - Subcontracting Plan (Jan 1999) 52.219-28 Post-Award Small Business Program Rerepresentation (Jul 2013) 52.222-1 Notice to the Government of Labor Disputes (Feb 1997) 52.222-3 Convict Labor (June 2003) 52.222-4 Contract Work Hours and Safety Standards--Overtime Compensation (May 2018) 52.222-6 Construction Wage Rate Requirements (Aug 2018) 52.222-7 Withholding of Funds (Feb 1988) 52.222-8 Payrolls and Basic Records (June 2010) 52.222-9 Apprentices and Trainees (July 2005) 52.222-10 Compliance with Copeland Act Requirements (Feb 1988) 52.222-11 Subcontracts (Labor Standards) (July 2005) 52.222-12 Contract Termination - Debarment (Feb 1988) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (Feb 1988) 52.222-14 Disputes Concerning Labor Standards (Feb 1988) 52.222-15 Certification of Eligibility (Feb 1988) 52.222-21 Prohibition of Segregated Facilities (Feb 1999) 52.222-26 Equal Opportunity (Mar 2007) 52.222-27 Affirmative Action Compliance Requirements for Construction (Feb 1999) 52.222-35 Equal Opportunity for Veterans (Sep 2010) 52.222-36 Affirmative Action for Workers with Disabilities (Oct 2010) 52.222-37 Employment Reports on Veterans (Sep 2010) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-50 Combating Trafficking in Persons (Feb 2009) 52.222-54 Employment Eligibility Verification (Aug 2013) 52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2014) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sep 2013) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) 52.223-6 Drug Free Workplace (May 2001) 52.223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (May 2008) 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving (Aug 2011) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) 52.227-1 Authorization and Consent (Dec 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007) 52.227-4 Patent Indemnity - Construction Contracts (Dec 2007) 52.227-17 Rights in Data - Special Works (Dec 2007) 52.228-1 Bid Guarantee (Sept 1996) 52.228-2 Additional Bond Security (Oct 1997) 52.228-5 Insurance - Work on a Government Installation (Jan 1997) 52.228-11 Pledges of Assets (Jan 2012) 52.228-12 Prospective Subcontractor Requests for Bonds (Oct 1995) 52.228-14 Irrevocable Letter of Credit (Dec 1999) 52.228-15 Performance and Payment Bonds - Construction (Oct 2010) 52.229-3 Federal, State and Local Taxes (Feb 2013) 52.232-5 Payments under Fixed-Price Construction Contracts (Sept 2002) 52.232-16 Progress Payments (Apr 2012) 52.232-17 Interest (Oct 2010) 52.232-23 Assignment Of Claims (Jan 1986) 52.232-27 Prompt Payment for Construction Contracts (Jul 2013) 52.232-33 Payment by Electronic Funds Transfer - System for Award Management (Jul 2013)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-1 Alt I Disputes (July 2002) - Alternate I (Dec 1991) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.236-1 Performance of Work by the Contractor (Apr 1984) 52.236-2 Differing Site Conditions (Apr 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984) 52.236-5 Material and Workmanship (Apr 1984) 52.236-6 Superintendence by the Contractor (Apr 1984) 52.236-7 Permits and Responsibilities (Nov 1991) 52.236-8 Other Contracts (Apr 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984) 52.236-10 Operations and Storage Areas (Apr 1984) 52.236-11 Use and Possession Prior to Completion (Apr 1984) 52.236-12 Cleaning Up (Apr 1984) 52.236-13 Alt I Accident Prevention (Nov 1991) - Alternate I (Nov 1991) 52.236-15 Schedules for Construction Contracts (Apr 1984) 52.236-16 Quantity Surveys (Apr 1984) 52.236-16 Alt I Quantity Surveys (Apr 1984) - Alternate I (Apr 1984) 52.236-17 Layout of Work (Apr 1984) 52.236-21 Specifications and Drawings for Construction (Feb 1997) 52.236-21 Alt II Specifications and Drawings for Construction (Feb 1997) - Alternate II (Apr 1984) .26 52.236-26 Preconstruction Conference (Feb 1995) 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (Apr 1984) 52.242-5 Payments to Small Business Subcontractors (Jan 2017) 52.242-13 Bankruptcy (July 1995) 52.243-4 Changes (June 2007) 52.244-6 Subcontracts for Commercial Items (Jul 2013) 52.246-21 Warranty of Construction (Mar 1994) 52.248-3 Value Engineering - Construction (Oct 2010) 52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price) (Apr 2012) - Alternate I (Sept 1996) 52.249-10 Default (Fixed-Price Construction) (Apr 1984) 52.253-1 Computer Generated Forms (Jan 1991) 52.225-9 Buy American - Construction Materials (May 2014) 52.232-18 Availability Of Funds (Apr 1984) 52.236-4 Physical Data (Apr 1984) 52.252-2 Clauses Incorporated by Reference (Feb 1998)

J List of Attachments 01 List of Attachments

K Representations, Certifications, and Other Statements of Offerors or Respondents 52.204-5 Women-Owned Business (Other Than Small Business) (Oct 2014) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.209-13 Violation of Arms Control Treaties or Agreements--Certification (Jun 2018) 52.204-8 Annual Representations and Certifications (Apr 2016) 52.209-7 Information Regarding Responsibility Matters (Jul 2013)

L Instructions, Conditions, and Notices to Offerors and Respondents 52.204-7 System for Award Management (Jul 2013) 52.204-16 Commercial and Government Entity Code Reporting (Nov 2014) 52.204-18 Commercial and Government Entity Code Maintenance (Nov 2014) 52.214-3 Amendments to Invitations for Bids (Dec 1989) 52.214-4 False Statements in Bids (Apr 1984) 52.214-5 Submission of Bids (Mar 1997) 52.214-6 Explanation to Prospective Bidders (Apr 1984) 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids (Nov 1999) 52.214-12 Preparation Of Bids (Apr 1984) 52.214-34 Submission of Offers in the English Language (Apr 1991) 52.214-35 Submission of Offers in U.S. Currency (Apr 1991) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999)

52.232-13 Notice Of Progress Payments (Apr 1984) 52.236-27 Alt I Site Visit (Construction) (Feb 1995) - Alternate I (Feb 1995) 52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 (Aug 1998) 52.214-18 Preparation of Bids - Construction (Apr 1984) 52.214-19 Contract Award - Sealed Bidding - Construction (Aug 1996) 52.216-1 Type of Contract (Apr 1984) 52.222-5 Construction Wage Rate Requirements - Secondary Site of the Work (May 2014) 52.225-10 Notice of Buy American Requirement - Construction Materials (May 2014) 52.233-2 Service of Protest (Sep 2006) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) L.01 Pre-Bid Conference and Site Visit L.02 Bid Submission L.03 Bid Guarantee L.04 Qualifications of Bidders L.05 Contractor's Contract Administrator L.06 Availability of Forms

M Evaluation Factors for Award M.01 Award

001 Mobilization/Demobilization 1.00 LS Doc Ref No: 93094202015

Delivery Date FOB:

Destination

002 Install 3'X3' Gabions 5,000.00 LF Doc Ref No: 93094202015

Delivery Date FOB:

Destination

003 Install 12" thick Reno Mattresses 2,500.00 SY Doc Ref No: 93094202015

Delivery Date FOB:

Destination

004 Site Earthwork 1.00 LS Doc Ref No: 93094202015

Delivery Date FOB:

Destination

005 Relocate and Plant Willows 1.00 LS Doc Ref No: 93094202015

Delivery Date FOB:

Destination

006 Site Vegetation and Seeding 1.00 LS Doc Ref No: 93094202015

Delivery Date FOB:

Destination

007 Vegetation Maintenance 1.00 LS Doc Ref No: 93094202015

Delivery Date FOB:

Destination

008 Receiving Lines 20.00 EA Doc Ref No: 93094202015

Delivery Date FOB:

Destination

191BWC19B0002

Line Item Summary

Solicitation Number:

191BWC19B0002

Contract Number: Title: Vado West Repair Date of Solicitation:

08/15/2019

Line Item No. Description Quantity Unit Unit Price Total Cost

Section C- Descriptions/Specifications/Statement of Work

C.01 Specifications and Plans

Technical specifications, drawings, and plans for this solicitation, 191BWC19B0002, are referenced in Section J and included as Attachments to this document.

Section D- Packaging and Marking

D.01 Payment of Postage and Fees

All postage and fees related to submitting information, including forms, reports, etc., to the Contracting Officer (CO) and the Con-tracting Officer’s Representative (COR) shall be paid by the Contractor.

D.02 Marking

All information submitted to the CO or the COR shall be clearly marked to show the Name of the Contractor and the Contract Num-ber.

Section E- Inspection and Acceptance

Clause Title

52.246-12 Inspection of Construction (Aug 1996)

Section F- Deliveries or Performance

52.242-14 Suspension of Work (Apr 1984)

52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than four hundred and twenty (420) calendar days.* The time stated for com-pletion shall include final cleanup of the premises.

(End of clause)

* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

Section G- Contract Administration Data

G.01 Contracting Officer

“Contracting Officer” means a person with the authority to enter into, administer, and/or terminate contracts and make related determ-inations and findings. The scope of the CO’s authority is defined by FAR 1.602-1, the CO’s Warrant, and other applicable federal laws. The term includes certain authorized representation of the CO within the limits of their authority as delegated by the CO.

In no event shall any understanding or agreement between the Contractor and any Government employee other than the Contracting Officer on any contract, modification, change order, letter or verbal direction to the Contractor be effective or binding upon the Gov-ernment. All such actions must be formalized by a proper contractual document executed by an appointed Contracting Officer. In the event a Government employee other than the Contracting Officer directs a change in the work to be performed or increases the scope of the work to be performed, it is the Contractor's responsibility to make inquiry of the Contracting Officer before making the devi-ation. Payments will not be made without being authorized by an appointed Contracting Officer with the legal authority to bind the Government.

G.02 Designation of Contracting Officer

The Contracting Officer for this contract is:

Name:

Address:

Telephone:

Fax:

Email:

Philip Johnson International Boundary & Water Commission, United States & Mexico (USIBWC) 4191 N Mesa El Paso, TX 79902 915-832-4714 915-493-5664 Philip.Johnson@ibwc.gov

Changes to the Contracting Officer shall be made in writing.

G.03 Contracting Officer's Representative USIBWC

The Contracting Officer shall designate a technical representative to act for the Contracting Officer during the contract period. The Contracting Officer’s Representative (COR) will act for the Contracting Officer only in technical matters and will not be authorized to commit the Government on any contract terms, conditions, or changes in unit price, total price, quantity, or delivery schedule. Any changes to the contract in unit price, total contract price, quantity, quality, or delivery schedule will be made only by the Contracting Officer by executed modification to the contract.

The Contracting Officer’s Representative will be appointed in writing after contract award.

G.04 Invoices

All invoices submitted electronically to the USIBWC's Finance and Accounting Division shall be submitted to the following email ad-dress: invoices@ibwc.gov. A copy shall be furnished to the CO and COR. The CO or COR may request additional individuals to copy as needed.

Section H- Special Contract Requirements

H.01 Performance and Payment Bonds (DEC 2015)

(a) For contracts that exceed $150,000, the Contractor shall, within ten (10) calendar days after award of contract, furnish to the Government bonds as follows:

(1) SF 25, Performance bond. Performance bond with a surety or sureties approved by the Contracting Officer, securing performance and fulfillment of the Contractor's obligations under this contract, with a penal amount of not less than 100 percent of the price of the contract at the time of award.

(2) SF 25A, Payment bond. Payment bond with a surety or sureties approved by the Contracting Officer, assuring payment as required by law to all persons supplying labor or materials in the prosecution of the work provided for in the contract with a penal amount of not less than 100 percent of the price of the contract at the time of award.

(b) Costs. All costs of furnishing performance and payment bonds shall be included in the total bid in the schedule.

(c) Requirements for execution of surety bonds. Each surety company bond (performance or payment), that purports to have been executed by an agent or attorney in fact for the corporate surety, is required to have submitted with it a power of attorney to the signatory agency or attorney in fact, and (1) be executed by the cor-porate surety upon a date reasonably proximate to the date of the bond, or (2) the power of attorney shall be accompanied by a certification of the surety to the effect that the power of attorney was in full force and effect upon a date reasonable proximate to the date of the bond.

(d) Individual Sureties.

(1) If individual surety bonds are furnished for payment and performance bonds, the individual sureties must submit with their bonds proof of ownership and value of the assets which they claim in their net worth.

The Government's preferred method of proof is to have a statement of net worth prepared by a certified public accountant in accordance with generally accepted accounting principles. The statement of net worth on the SF 28, Affidavit of Individual Surety is not in itself sufficient and will not be accepted absent of additional proof of value and ownership.

(2) Bidders are also cautioned that individual sureties must provide complete and detailed information in block 10 of the SF 28 concerning other contracts on which they have provided bonds. This information should include contract number, contract location, amount and type of bond, email address, and telephone number of the involved contracting officer.

(3) Failure to provide the proof and information requested above will cause delays to the start of con-struction for which the contractor must bear the responsibility, and may result in termination of contract for fail-ure to provide adequate bonds.

[End of Clause]

H.02 Compensation and Liability Insurance (DEC 2015)

The Contractor shall within ten (10) calendar days after award of contract provide and maintain minimum insur-ance as follows:

(a) General Liability Insurance for bodily injury and property damage with minimum limits $500,000 each occurrence with an aggregate of $1,000,000.

(b) Automobile Liability for bodily injury and property damage with minimum of $250,000 for injury to or death of any one (1) person, $500,000 each accident or occurrence for bodily injury, and $100,000 for each ac-cident or occurrence for property damage liability.

(c) Worker's Compensation Insurance for all labor employed on the project who may come within the pro-tection of workers' compensation laws and Employers General Liability with minimum limits of $100,000 each accident, bodily injury by disease $100,000 each employee, $500,000 aggregate.

In every case the insurance coverage shall amount to at least the limits stated above. However, where the Financial Responsibility Compulsory Insurance Law of the State in which the project is located requires higher limits, the Automobile Liability Insurance Policy shall provide coverage of at least those limits required by State law.

The insurance obtained by the Contractor must (1) be effective for the term of the contract and (2) must name both the United States of America by and through the United States Section of the International Boundary and Water Commission, United States and Mexico, as additionally insured. The requirement for naming the United States of America as an additional insured does not apply to Worker's Compensation Insurance.

Before commencing work under this contract, the Contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained.

The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribe or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. The Contractor's writ-ten certification shall be accompanied by either a Certificate issued by the insurer or photocopies of the insur-ance policies which reflect that the cancellation/change provisions of this contract have been met.

The Contractor shall insert the substance of this clause including this paragraph in subparagraphs under this contract and shall require subcontractors to provide and maintain the same limits.

At least 5 days prior to each such subcontractor's personnel commencing work on this project, the Con-tractor shall furnish (or ensure that there has been furnished) to the Contracting Officer a current Certificate of Insurance meeting the requirements as stated above.

[End of Clause]

H.03 Builders Risk Insurance (DEC 2015)

(a) The Contractor is responsible for losses suffered prior to Government acceptance of the work. Therefore, the Contractor is re-sponsible for protection of the work and repair of damages. For the protection of the Contractor and the Government, the Contractor is required to obtain Builder's Risk Insurance with the maximum level of coverage available in the project locality and no less than 100% of the contract price.

(b) The Contractor shall not commence work under this contract until he has obtained all the insurance re-quired and such insurance has been approved by the Contracting Officer, nor shall the Contractor allow any subcontractor to commence work on their subcontract until the insurance required of the subcontractor has been so obtained and approved.

(c) The Contractor shall procure within ten (10) calendar days after award of contract, and maintain during the life of this contract, Builder's Risk Insurance based on 100 percent (100%) of the completed value of the insur-able portion of the project.

(d) The Contractor shall furnish the Contracting Officer with certificates showing the type, amount, class of op-erations covered, effective dates and dates of expiration of policies. Such certificates shall also contain sub-stantially the following statement: "The insurance covered by this certificate will not be canceled or materially altered, except after thirty (30) calendar days written notice has been received by the Contracting Officer."

(e) The insurance obtained by the Contractor must (1) be effective for the term of the contract and (2) must name the United States of America by and through the United States Section of the International Boundary and Water Commission, United States and Mexico, as an additional insured.

[End of Clause].

H.04 Brand Name or Equal (DEC 2015)

If items called for by this Invitation for Bids (IFB) have been identified in the specifications by a “Brand Name or Equal” descrip-tion, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory (Reference Section I, FAR Clause 52.236-5 entitled Material and Workmanship). The determination as to equality of a product shall be the responsibility of the Government and will be based on information furnished during the submittal process (Reference Technical Specifications, Division 01-General Requirements, Section 01.33.00-Submittals, Construction Progress Documentation Section 01.32.16, Safety Section 01.35.23, and Closeout Requirments Section 01.77.19).

(As used in this clause, the term “brand name” includes identification of products by manufacturer, make, and/or model.)

[End of Clause]

H.05 Technical Data Submittal Requirements (DEC 2015)

(a) Technical data required to be provided to the government are described in the paragraph entitled “Submittal Requirements” in the Technical Specifications, Division 01-General Requirements, Section 01.33.00-Submittals.

(b) If the Contractor fails to provide required technical data within the time(s) specified in this contract, or any extension, such failures shall be considered to demonstrate unsatisfactory progress and:

(1) There shall be retained from the progress or other payments under this contract such amount(s) as the Contracting Officer considers adequate protection to the Government therefore.

(2) The Contractor and its sureties shall be liable to and assessed by the Government for all damages caused by such failure.

(3) The Contractor’s right to proceed with the work that has been delayed may be terminated for default.

(c) In the event the Contractor provides submittals prior to Notice to Proceed, the Government may review the submittals prior to the Notice to Proceed. The Contractor shall not seek compensation for efforts spent on the preparation of submittal documents submitted prior to the Notice to Proceed.

(d) The rights and remedies of the Government in this clause are in addition to any other rights and remedies provided by law or under this contract.

(e) The Government may expedite the review of submittals. Expedite is defined as any review time less than the allotted time specified for the review of the submittal in Section 01.33.00. However, the Government re-serves the right to require up to the amount of time specified in Section 01.33.00 for review of submittals or re-submittals.

[End of Clause]

H.06 Accident Prevention and Pre-Planning (DEC 2015)

With reference to the requirements of Contract Clause 52.236-13 (Alternate I) for an overall safety program, the Contractor shall:

(a) Submit a detailed plan for performing each major phase of work.

(b) Require Subcontractors to submit their plan of operations showing methods they propose to use in accom-plishing major phases of work.

(c) Be prepared to discuss the plans in conferences convened by the Contracting Officer or Contracting Of-ficer’s Representative prior to starting work on each major phase of work.

Plans shall include all pertinent information, such as methods of providing safety measures for personnel per-forming required work. The plan for accomplishing work shall be submitted prior to commencing operations.

[End of Clause]

H.07 Construction Program (DEC 2015)

(a) The Contractor shall submit a progress schedule of construction in accordance with the requirements set forth in the Technical Specifications, Division 01-General Requirements, Section 01.32.16-Construction Progress Schedule. The initial compliance confirmed progress schedule under Section 01.32.16 shall serve as a baseline for the project. The Contractor's progress schedule shall account for the assigned workday calendar, seasonal weather conditions, and other constraints considered in the plan-ning and scheduling of all work to ensure the completion within the allotted contract time. The progress schedule shall be of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a progress schedule within the time prescribed, the Contracting Officer (CO) may withhold approval of progress pay-ments until the Contractor submits the required progress schedule. Until such time as the submitted progress schedule is compliance confirmed as the official schedule of the project, the CO may withhold approval of progress payments.

(b) If, in the opinion of the CO, the Contractor falls behind the compliance confirmed progress schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the CO, without additional cost to the Government. In this circumstance, the CO may require the Contractor to in-crease the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the CO deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the CO under this clause shall be grounds for a determination by the CO that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the CO may terminate the Contractor’s right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

[End of Clause]

H.08 Construction Safety Requirements (DEC 2015)

(a) Offerors shall obtain and review the current Construction Industry "OSHA Safety and Health Standards (29 CFR 1926)" and the U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, dated November 30, 2014 (see Technical Spe-cifications, Division 01- General Requirements, Specification 01.35.00-Safety), prior to submitting offers and preparing required safety program. Offerors shall utilize these standards in preparing required safety programs.

(b) The Contractor shall comply with all pertinent provisions of the U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, dated November 30, 2014. This manual is available from:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

(c) In the event there is a conflict between the requirements contained in OSHA Safety and Health Standards (29 CFR 1926), U.S.

Army Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1), specifications paragraphs, Contractor's approved safety program, or referenced safety and health standards, the more stringent requirement will prevail.

[End of Clause]

H.09 Cultural Resources (DEC 2015)

In accordance with the National Historic Preservation Act of 1966 (16 U.S.C. 470), the following procedures are implemented to en-sure historic preservation and fair compensation to the Contractor for delays attendant to cultural resources investigations.

In the event potential historical, architectural, archaeological, or cultural resources (herein after cultural resources) are discovered dur-ing subsurface excavations at the site of construction, the following procedures shall be instituted:

(1) The Contractor shall immediately cease work in that area, secure the location from further disturbance and possible vandalism, and immediately notify the Contracting Officer and the Contracting Officer’s Representative.

(2) The Contracting Officer shall issue a “Suspension of Work” directing the Contractor to cease all construction operations at the location of such potential cultural resources find.

(3) Such “Suspension of Work” shall be effective until such time as a qualified archaeologist can be called to assess the value of these potential cultural resources and make recommendations to the State Historical Preservation Officer. Any “Suspension of Work” shall contain the following:

(a) A clear description of the work to be suspended;

(b) Any instructions regarding issuance of further orders by the Contractor for material services;

(c) Guidance as to action to be taken on subcontracts;

(d) Any suggestions to the Contractor as to minimization of costs;

(e) Estimated duration of the temporary suspension.

If the archaeologist determines that the potential find is a bonafide cultural resource, at the direction of the State Historical Preserva-tion Officer, the Contracting Officer shall extend the duration of the “Suspension of Work” in writing, and the Contractor shall sus-pend work at the location of the find.

Equitable adjustment of the construction contract shall be made in the following manner:

(1) Time Extension. If the work temporarily suspended is on the “critical path,” the total number of days for which the suspension is in effect shall be added to the number of allowable contract days.

If a portion of work at the time of such suspension is not on the “critical path,” but subsequently becomes work on the critical path, the allowable contract time will be computed from the date such work is classified as on the critical path.

(2) Additional Compensation. If, as a result of a suspension of the work, the Contractor sustains a loss which could not have been avoided by judicious handling of forces, equipment, and (plant) or redirection of forces or equipment to perform other work on the contract, there shall be paid to the Contractor an amount as determined by the Contracting Officer to be fair and reasonable compensa-tion for the Contractor’s actual loss in accordance with the following:

(a) Idle Time of Equipment. Compensation for equipment idle time will be determined on a force account (time and materi-als) basis, and shall include the cost of extra moving of equipment and rental loss.

(b) Idle Time of Labor. Compensation for idle time of workers will be determined by the Contracting Officer as “Labor” less any actual productivity factor of this portion of the work force.

(c) Increased Costs of Labor and Materials. Increased costs of labor and materials will be compensated only to the extent such increase was in fact caused by the suspension as determined by the Contracting Officer.

Compensation for actual loss due to idle time of either equipment or labor shall not include markup for profit.

The hours for which compensation will be paid will be the actual normal working time during which such delay condition exists, but will in no case exceed eight hours in any one day.

The days for which compensation will be paid shall be full or partial calendar days, excluding Saturdays, Sundays, Federal and

State holidays, during the existence of such delay.

The New Mexico Historical Preservation Division is located at 407 Galisteo Street, Ste 236, Santa Fe, NM 87501. The New Mex-ico Historical Preservation Division may be reached by email at nmshpo@state.nm.us , by telephone at (505) 827-6320, or by mail at 407 Galisteo Street, Ste 236, Santa Fe, NM 87501.

[End of Clause]

H.10 Contract Work Schedule (DEC 2015)

Normal working hours for the Contractor shall not be earlier than 6:00 am nor later than 5:30 pm, Monday through Friday, excluding Federal Holidays. The Contractor shall not exceed 40 hours per week for normal working hours. If the Contractor wishes to work dur-ing periods other than that above or in excess of 40 hours per week, additional Government inspection forces will be required. The Contractor shall notify the Contracting Officer's Representative (COR) three (3) business days in advance of their desire to work dur-ing other periods to allow the determination if additional inspection forces are reasonably available. If such forces are reasonably available, the Contracting Officer or COR may authorize the Contractor to perform work during periods other than normal duty hours/ days or in excess of 40 hours per week; however, if additional inspection forces are required to perform in excess of their normal duty hours/days, the actual cost of the overtime inspection at overtime rates will be charged to the Contractor and will be deducted from the final payment of the Contract amount.

Consistent with Section 6103(a) of Title 5 of the United States Code the following are legal public holidays:

New Year’s Day, January 1.

Birthday of Martin Luther King, Jr., the third Monday in January.

Washington’s Birthday, the third Monday in February.

Memorial Day, the last Monday in May.

Independence Day, July 4.

Labor Day, the first Monday in September.

Columbus Day, the second Monday in October.

Veterans Day, November 11.

Thanksgiving Day, the fourth Thursday in November.

Christmas Day, December 25.

A listing of Federal Holidays are available at the following link:

https://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/

For Holidays that fall on a Saturday, for Federal employees, the preceding Friday will be treated as a holiday for pay and leave pur-poses (See 5 U.S.C. 6103(b)).

For Holidays that fall on a Sunday, for Federal employees, the following Monday will be treated as a holiday for pay and leave pur-poses (See section 3(a) of Executive order 11582, February 11, 1971).

If the above holidays are a paid holiday and results in works hours in excess of 40 hours in any workweek, laborers and mechanics shall be paid at least 1 and 1/2 times the basic rate of pay for each hour worked over 40 hours consistent with FAR Clause 52.222-4.

[End of Clause]

H.11 Utility and Telephone Services (DEC 2015)

The U.S. Section, International Boundary and Water Commission will not provide utility (water, internet, gas, and electricity) and telephone services to the Contractor. The Contractor shall, at their own expense and in a workmanlike manner satisfactory to the Contracting Officer, install and maintain all necessary temporary con-nections and distribution lines, and shall remove the same prior to final acceptance of the work by the Govern-ment.

[End of Clause]

H.12 Administration of Default (Fixed-Price Construction) (DEC 2015)

(a) Notwithstanding paragraph (b)(1)(xi) of Contract Clause 52.249-10, Default (Fixed-Price Construction), the Contractor shall not be excused for delays, and shall be liable for any excess costs for failure to perform, if the subcontracted or purchased supplies or services were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule or other performance requirements.

(b) Unusually severe weather, as used in paragraph (b)(1) of Contract Clause 52.249-10, Default (Fixed-Price Construction), means adverse weather which at the time of the year in which it occurred, was unusual for the place in which it occurred. No matter how severe or destructive, if the weather is not unusual for the particular time and place, or if a Contractor could have reasonably foreseen it, the Contractor is not entitled to an exten-sion in contract time. Climatological records are available for the Contractor's information online from the Na-tional Weather Service. The Government shall not be responsible for any interpretation or a conclusion drawn from the data or information by the Contractor.

(c) Upon acknowledgment of the Notice to Proceed and continuing throughout the contract on a monthly basis, adverse weather will be recorded on a calendar day basis (including weekends and holidays). The COR will examine these records each month and determine whether the Contractor is entitled to a time extension.

Adverse weather must prevent work for 50% or more of the Contractor's work during any workday and delay work critical to the timely completion of the project.

[End of Clause]

H.13 Time Extensions for Unusually Severe Weather (DEC 2015)

(a) This provision specifies the procedures for the determination of time extensions for unusually severe weather in accordance with the Contract Clause, 52.249-10, Default (Fixed-Price Construction). The listing below defines the monthly anticipated adverse weath-er for the contract period and is based on NOAA or similar data for the geographical location of the project. The weather conditions for this contract is based upon the weather station at New Mexico State University 290131.

Monthly Anticipated Adverse Weather Calendar Days Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual

1 1 1 1 1 3 4 4 3 2 1 2 22

(b) Determination:

(1) The above schedule of anticipated adverse weather will constitute the base line for monthly (or portion thereof) weather time evaluations. Upon acknowledgment of the Notice to Proceed and continuing throughout the contract on a monthly basis, actual ad-verse weather days will be recorded on a calendar day basis (including weekends and holidays) and compared to the monthly anticip-ated weather in subparagraph (a) above. For purposes of subparagraph (b), the term actual adverse weather days shall include days impacted by actual adverse weather days.

(2) The number of actual adverse weather days shall be calculated chronologically from the first to the last day in each month.

Once the number of actual adverse weather days anticipated in subparagraph (a) above have been incurred, the Contracting Officer will examine any subsequently occurring adverse weather days to determine whether a Contractor is entitled to a time extension.

These subsequently occurring adverse weather days must prevent work for 50 percent or more of the Contractor's work day and delay work critical to the timely completion of the project. These subsequently occurring adverse weather days must fall on a scheduled work day to count towards the entitled time extension. The Contracting Officer will convert any delays to meeting the above require-ments to calendar days and issue a modification in accordance with the Contract Clause, 52.249-10, Default (Fixed-Price Construc-tion).

(3) The Contractor shall not request a modification to the contract to add the adverse weather delay days more frequently than every fourth month after the start of mobilization.

(c) The Contractor's progress schedule must reflect the above anticipated adverse weather delays on all weather dependent activities.

[End of Clause]

H.14 Change Orders and Contract Modifications: Limitations on Markups (DEC 2015)

(a) In the event the Government elects to direct a change order or enter into a contract modification that increases the scope of work during the course of performance of this contract, allowances for overhead and fee of higher tier subcontractors and the prime contractor shall be subject to the limitations below.

(b) Changes and Modifications up to $150,000.00 (Exclusive of Mark-ups)

(1) No subcontractor, vendor or material man, at any level, shall apply markups in excess of 10% overhead and 10% profit on additional contract scope, added by change order or modification, in which all, or substantially all, of the physical work is performed by a lower tier subcontractor subject to the restrictions described below.

(2) In the event that the physical work arising out of a change order is performed by a subcontractor or vendor that is two or more levels below the general contractor, the sum of all markups for overhead and profit for all subcontractors (regardless of the num-ber of tiers of subcontractors), and the general contractor may not exceed 5% of the price, or adjustment in price, to the lower tier sub-contract under which the physical work was performed. For example, if, as a result of a change order, the contract price of a fifth tier subcontractor is increased by $150,000.00, and the work performed by this fifth tier subcontractor constitutes all or substantially all of the work contemplated by this modification or change order, the resulting increase in the price of the prime contract shall not exceed $157,500.00 ($150,000.00 x 1.05).

(3) Overhead and fee percentages, for the purposes of this provision, shall include insurance (excluding bonds), field and office supervisors and staff (including clerical), home office overhead, field overhead, security, use of small tools, and incidental job site burdens (including office equipment, trailer rental, utilities).

(4) Bond premium adjustments and state and local taxes arising out of changes and modifications directed by the Government shall be subject to a separate allowance independent of the overhead and fee limitations described above.

(5) The fee and overhead limitations described above shall not apply to self…